Jack Smith Could Be Prevented From Using Evidence by Aileen Cannon

Special Counsel Jack Smith could be blocked from using evidence against Donald Trump contained in grand jury investigation files, which were transferred to the former president's Florida classified documents case this week, a former prosecutor has suggested.

In 2023, a grand jury in Washington, D.C., heard evidence from witnesses—including Trump's attorney, Evan Corcoran—while considering whether charges should be brought against the former president and others for hoarding classified documents.

However, Trump and his co-accused were later indicted in Florida and, under federal rules, the grand jury files were transferred on Monday to Trump-appointed judge, Aileen Cannon's court.

Former prosecutor, Bill Shipley, said the transfer allows Cannon to have control over the grand jury testimony and this could fall into Trump's hands, as Cannon is not bound by any rulings made in the Washington, D.C., court.

"Because the case wasn't going to be prosecuted in D.C., the rulings made as part of the grand jury investigation are not binding on Cannon," he wrote on X, formerly Twitter, on Wednesday.

Shipley, a largely conservative-leaning legal commentary, said that Cannon is free to exclude the grand jury testimony of Corcoran if she believes that his testimony violated attorney/client privilege.

On March 24, 2023, Corcoran was forced to testify before the classified documents grand jury in Washington D.C. It was his second time giving evidence.

Corcoran was called to give evidence because he wrote a letter that was sent to the Department of Justice in June 2022 that stated that there had been a "diligent search" for classified documents. Along with the letter, he sent the Department more than 30 documents with classified markings that were found on Trump property.

Shipley wrote that, in addition to excluding Corcoran's evidence, Cannon can preclude prosecutors from using "any evidence she deems was obtained in an improper manner."

Department of Justice Special Counsel Smith announced on Monday that the Washington, D.C., court had transferred the grand jury files to Cannon.

Trump is facing 40 federal charges over his handling of sensitive materials retrieved from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He is accused of obstructing efforts by federal authorities to return them. The former president has pleaded not guilty to all charges.

Newsweek contacted Trump's attorney via email for comment on Thursday.

Trump's former valet, Walt Nauta and Carlos De Oliveira, a Mar-a-Lago maintenance manager, were also indicted. They are accused of moving boxes of sensitive materials around Trump's Florida home to prevent federal agents from finding them and conspiring to delete security footage that had been sought under a subpoena.

Nauta and De Oliveira have pleaded not guilty to all federal charges against them, including conspiracy to obstruct justice.

The sealed Washington, D.C., order allows for the "resolution of public disclosure of certain pleadings and other materials arising out of a grand jury matter in the District of Columbia," according to Smith's court filing on Monday.

That means that Cannon will have the power to release grand jury testimony if she believes it's in the public interest.

On Monday, Smith emailed his proposed redactions of the documents to the judge and the defense counsel. The fact that he is seeking only redactions, and not the complete retention of the grand jury documents, suggests that they will likely be released to the public.